Nothing Special   »   [go: up one dir, main page]

Marxism

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2

The conceptual pillars upon which Marx's jurisprudential conception is constructed are dialectical

materialism, economic turn-of-event rules, and actual historical grounding. The concept of dialectical
materialism is Marx's interpretation of the premise of the 'laws of progress'. The approach used in this
work is a combination of realist theory and a translation technique called 'dialectics.' Dialectics is a
structured way of thinking that involves identifying and resolving logical inconsistencies within unique
situations. Marx developed the concept of dialectical materialism. Karl Marx's materialist philosophy
considers both natural and social phenomena. A Marxist would challenge the "optimistic statute" that
claims thoughts hold no significance or relevance beyond a materialistic perspective. Marxists concur
with Marx's viewpoint on this matter. To comprehend legal principles, it is necessary to examine them
within the context of the social environment in which they were formulated and still persist.

In economics, the term "intrinsic enmities" is commonly known as "contradictions". These


contradictions arise between individuals or groups such as the bourgeoisie, who have access to the
means of production, and the proletariat, who possess nothing but their ability to perform valuable
work. Laws that address such conflicts are commonly referred to as "contradictions."

Marx believed that history is a sombre account of the division of classes, where the law favours one side
over the other. While in operation, the laws of verifiable progress cannot be circumvented. In the early
stages of a community's development, it was common for property to be collectively owned by its
members. This made it unnecessary to establish a formal legal system. This led to the emergence of a
society that was based on slave ownership, which was legally protected. Following the decline of
feudalism during the Middle Ages, private enterprise emerged and was supported by a robust legal
framework. According to Marx's beliefs, a revolution would lead to the transformation of a society that
was based on private enterprise into a communist state that could be considered barbaric. In such a
state, the presence of a legal system would be unnecessary as economic pressures would discourage
individuals from engaging in activities that are harmful to society.

The significance of law is derived from the Marxist theory of "base and superstructure." The foundation
of a social order is determined by production relations, which in turn shape the economic infrastructure
of the system. Marx argued that the legal system's underlying mode of thinking is fundamentally
different from the supposed "eternal categories," "inherent principles of fairness," or "unchanging
notions of justice." The social system comprises of discernible components that are built on specific
methods of achieving economic results. These components reflect the class distinctions that exist within
a society. To fully comprehend the history of natural law concepts and the evolution of common law, it
is essential to consider the economic relations that shaped their development. Additionally, it is
important to recognise that common law originated from the social norms of an oppressive agrarian
society. The common law originated from the social norms of an agrarian society that was characterised
by oppression. The economic ties within a society have a significant impact on shaping social
consciousness and, consequently, influencing the development of legal concepts.

The idea of 'class instrumentalism' gained prominence among a specific group of legal scholars in Europe
during the mid-twentieth century. It originated from research on the evolution of superstructure and
the emergence of conflict. Karl Marx posited that the law functions as a tool for class domination, as it
empowers the ruling class to govern and suppress those who resist their authority. The jurisprudence
that protects human rights, logic, or natural justice is often portrayed as intellectual and disinterested.
However, it is believed by some that this is merely a veil for the underlying goal of defending and
preserving the vital benefits of a particular class. This is the essential defence and protection of the
benefits of the essential class. The concept of 'base and superstructure' is a fundamental aspect of
Marxist ideology when it comes to understanding power and law. This is exemplified in the section of
the Manifesto that discusses it. In a general sense, the public authority, its construction, and belief
systems are all components of a society's superstructure. This superstructure is dependent on the
economic foundation of the society.

According to Marxist jurists, the primary function of modern government is to protect the interests of
the ruling class. Jurisprudence plays a crucial role in supporting and reinforcing the current economic
system by helping to staff government entities that work towards maintaining and strengthening the
rights of different social classes. The character's role of maintaining the status quo is fulfilled by doing
this. Marx's criticism of the legal system of the bourgeoisie involves the concept of fundamental change.
He does not differentiate between the state, classes, or laws when considering the evolution of the past.
Although the bourgeoisie is bound to disintegrate, the role of government and law will undergo a
significant transformation.

There is no doubt that the rule of law will disappear from a tactless society after a brief period. In this
era of societal transition away from traditional norms, it is reasonable to expect the emergence of new
and temporary forms of law aimed at strengthening the influence of the recently dominant social class.
Eventually, humanity may evolve into a collective being that no longer requires laws, norms, or legal
structures, rendering them obsolete.

You might also like